Terms & Conditions of Trade

1.1 “the Electrician” means a Registered Electrician or Trainee Electrician and any other employee of 2 Connect Electrical Limited, or successors, assignees or any person acting on behalf of and with the authority of 2 Connect Electrical Limited.

1.2 “Customer” means the person/s or entity being provided Works as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally. The Customer includes any person or entity that the Customer introduces to the Electrician as their duly authorised representative. The Electrician may take instructions from the duly authorised representative as if they came directly from the Customer. The Customer may revoke this authorisation at any time by providing notice to the Electrician in writing of this revocation.

1.3 “Works” means all works, services or Materials supplied by the Electrician to the Customer from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the other).

1.4 “Price” means the Price payable for the Works as agreed between The Electrician and the Customer in accordance with clause 3 below.

2.1 Upon the Customer accepting a quote, placing an order for or accepting delivery of any Works the Customer is taken deemed to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions.

2.2 The Customer accepts and acknowledges its obligation to provide all contract Works insurance unless otherwise agreed to in writing prior to commencement of the Works.

2.3 The supply of Materials by the Electrician to the Customer for accepted orders is subject to availability and if, for any reason, Materials are not or cease to be available, The Electrician reserves the right to vary the Price with alternative Materials as per clause 3.3. The Electrician also reserves the right to halt all Works until such time as The Electrician and the Customer agree to such changes.

3.1 At the Electrician’s sole discretion, the Charges shall be, either: (a) in accordance with any quote provided by the Electrician; (b) as indicated on any invoice provided by the Electrician to the Customer; or

3.2 subject to clause 3.3, the Charges as at the date of provision of the Services, according to the Electrician’s written quote to the Customer, which will be valid for the period/s stated therein.

3.3 Unless otherwise stated in writing, the Customer shall be charged for the Electrician’s travel costs by set fee, mileage fee or in any manner that the Electrician chooses.

3.4 The Electrician reserves the right to change the Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, hard rock barriers below the surface, iron reinforcing rods in concrete, hidden pipes and wiring in walls or poorly prepared surfaces etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to the Electrician in the cost of labour or materials which are beyond The Electrician’s control.

3.5 Time for payment for the Works being of the essence, the Price will be payable by the Customer on the date/s determined by the Electrician, which may be: (a) on completion of the Works; or (b) by way of progress payments in accordance with the Electrician’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the worksite but not yet installed; (c) the date specified on any invoice or other form as being the date for payment; or (d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Electrician.

3.6 Payment will be made by electronic/online banking, or by any other method as agreed to between the Customer and the Electrician.

3.7 At the Electrician’s sole discretion a deposit may be required upon request.

3.8 Unless otherwise stated the Charges do not include GST. In addition to the Charges the Customer must pay to the Electrician an amount equal to any GST the Electrician must pay for any provision of Services by the Electrician under this or any other agreement. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Charges. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Charges, except where they are expressly included in the Charges.

4.1 Subject to clause 4.2 the Electrician will ensure that the Works start as soon as it is reasonably possible or as otherwise as advised to the Customer.

4.2 The Works commencement date will be put back and the completion date extended by whatever time is reasonable in the event that the Electrician claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond The Electrician’s control, including but not limited to any failure by the Customer to: 4.2.1 make a selection; or 4.2.2 have the site ready for the Works; or 4.2.3 notify The Electrician that the site is ready; or 4.3 where the Works are delayed by either the Customer or any other third party.

4.4 The Electrician may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

4.5 Any time or date given by the Electrician to the Customer is an estimate only. The Electrician shall not be liable for any loss or damage whatsoever due to failure by The Electrician to deliver the Works (or any part of them) promptly or at all, where due to circumstances beyond the reasonable control of the Electrician.

4.6 Any recommendations, advice, assistance or information provided by the Electrician is provided in good faith and the Electrician shall not be liable in any way for any damage, loss or other costs in relation to the Customer or their agent or other contractor’s reliance on the recommendations, advice, assistance or information. The Customer, their agent or contractors take this recommendations, advice, assistance or information at their own risk and using their own judgement.

5.1 All customary building industry tolerances shall apply to the dimensions and measurements of the Materials unless the Electrician and the Customer agree otherwise in writing.

5.2 The Electrician shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer or the Customers representatives or contractors.

5.3 If any reference to the position of any electrical installations is removed or covered up by the Customer or the Customers contractors, then the Electrician shall not be responsible for any damage caused in relation to the locating of the installations. In this instance the installations will be at the sole discretion of the Electrician.

5.4 Any additional costs caused by the Customer not providing an acceptable plan or scope of work, will be the responsibility of the Customer.

5.5 If the Customer requests the Electrician to decide on the positing of any electrical installations the Customer shall be deemed to have accepted the positioning of such.

5.6 The Electrician will require at least (7) days’ notice of any required completion date. The Electrician will use their best endeavours to meet such deadlines but will not be in any way liable in relation to such deadlines not being met.

6.1 Any scaffolding the Electrician considers is required to complete the works in a safe manner will be the responsibility of the Customer at the Customers cost. The scaffolding must be provided and erected by a professional scaffolding company and be acceptable to the Electrician at the Electricians sole discretion.

6.2 The customer must provide the area of the Works clear from all furniture and obstructions. If the Electrician has to move anything from the area of the works, if the Electrician chooses to do so, this will be done at the sole risk of the Customer and any damage to the Customers property will not be the responsibility of the Electrician.

6.3 The Customer is responsible for the clean-up of the site and removal of rubbish from the site.

6.4 The Customer shall ensure that the Electrician has clear and free access to the work site at all times to enable them to undertake the works. The Electrician shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless it is due to the negligence of the Electrician.

6.5 On request the Customer will advise and mark the precise the location of all underground services on the site. The underground services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site. While the Electrician will take all due care, any damaged caused by the Customer not correctly and precisely locating such underground services will be the responsibility of the Customer and the Customer will indemnify the Electrician from all liability, claims, loss, damage or fines.